In examining how badly the United States bungled its COVID-19 pandemic response, it is worth going back to the commemorations of the 100th anniversary of the 1918 flu pandemic. Author after author cautioned that the next pandemic would overwhelm the United States health system and that the...

Prospective franchisees often enter into the franchisor-franchisee relationship without truly knowing what they are getting into, leading to franchisee confusion, disappointment, and frustration. As a countermeasure, the FTC’s Franchise Rule compels pre-contract disclosures intended to foster...

Changes in technology and economic power have radically shifted the media landscape in the United States and throughout the world. Despite this, the regulatory model being used was adopted in 1996 at the dawn of the Internet age or inherited from Congress's earlier legislative efforts. This...

The meaning of “waters of the United States” under the Clean Water Act has been debated in Congress, federal agencies and courtrooms across the country for almost 50 years. Despite the longstanding attention to the term, most consider the term even more unclear today than in 1972 when the...

Since the EU passed the PSD II, countries across the world have or are contemplating a new framework to govern data sharing among different players in financial markets—a trend called ‘Open Banking’ that requires or encourages banks to share consumer-permissioned banking data with third...

The ECT hinders EU climate and investment policy objectives. This piece explores the low likelihood of successful “modernization,” the EU’s role in convincing partners that it would be best to terminate the ECT, and steps for the EU to exit the treaty and neutralize its sunset clause

Considering the fact that its existence is abundant while maintaining the ability to generate freshwater while burning, methane hydrates have been classified as sources of sustainable energy. China currently maintains an international role in developing technology meant to explore offshore...

The television and cable networks were once the dominant players in media. The television networks attracted viewing by virtually all of the U.S. population and dominated the entertainment trajectory of the nation as well as the political discourse, and those companies were owned by relatively...

Fifty years after the rise of modern environmental law and its robust enforcement regime, there persists a disproportionate distribution of environmental burdens in the United States. Many underserved communities suffer from legacy pollution, sighting of undesirable land uses, failing...